Dr. Makiko Maruyama in the magazine of the Japan Patent Attorney Association on the EPO’s problem-solution approach

The European Patent Office’s method for determining inventive step

In the July issue of the Japan Patent Attorney Association magazine, BOEHMERT & BOEHMERT European Patent Attorney Dr. Makiko Maruyama describes the European Patent Office’s (EPO) approach to determining inventive step.

The European Patent Office uses its own method, the so-called “problem-solution approach”, which is also used by numerous national patent offices in Europe.
This “problem-solution approach” consists of three main steps: determining the state of the art as a starting point for determining inventive step, determining an objective technical problem and checking obviousness. The criteria for each step are precisely defined.

In her article, Dr. Maruyama explains the basics of the “problem-solution approach” and its application to inventions that contain “non-technical features”, such as computer-related inventions. She also discusses numerous points to consider when drafting applications and during the examination procedure at the EPO with regard to the EPO’s criteria for determining inventive step.

Dr. Makiko Maruyama’s article is available online in Japanese here.